Legal Information
In India, if a child feels that any injustice was done, courts have to be moved within three years of him or her turning 18 or a major.
That is the limitation period within which a child can challenge any decision that has affected his rights such as inheritance or any injury, though paternity is not specifically covered.
Paternity fraud occurs when a mother names a man to be the biological father of a child, when she knows or suspects that he is not the biological father; Or, She intentionally does not state the name of the child's biological father on the birth certificate in order to either to begrudge the father, or to claim benefit (See benefit at end of page) This is called "Paternity Fraud" and is treated as a serious fraudulent criminal offence. (Particularly in the UK, also in certain states of the US) However, a mother is permitted to not state the name of the biological father if (at the time of signing) she does not in fact know the name of the child's biological father. [1] Paternity fraud is a form of misattributed paternity.[1]
Misattributed paternity is also referred to as paternity fraud, though this term suggests that the misattribution was deliberate rather than accidental.[1
Paternity law deals with the legal relationship between a father and a child, including the rights and obligations of both the man and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to custody and obligations for child support.
A child born to a married woman during a marriage is presumed under common law[1] to be the child of her husband by a "presumption of paternity" or presumption of legitimacy. These presumptions may be rebutted by evidence to the contrary, for example, in disputed child custody and child support cases during divorce, annulment or legal separation.
In the case of unwed fathers, a man may come forward and accept the paternity of the child in what is called a "voluntary acknowledgment of paternity", the mother or government can file a petition for a determination of paternity against a putative father, or paternity can be determined by the courts through estoppel over time. Today, when paternity is in dispute or doubt, paternity testing may be used to conclusively resolve the issue.
Presumption of paternity in common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage.
The "presumption of legitimacy" is a common law rule of evidence that states that a child born within the subsistence of a marriage is deemed to be the child of the husband.
Parental testing is the use of genetic fingerprinting to determine whether two individuals have a biological parent–child relationship. A paternity test establishes genetic proof whether a man is the biological father of an individual, and a maternity test establishes whether a woman is the biological mother of an individual. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternal testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw."A Noninvasive Test to Determine Paternity in Pregnancy" New England Journal of Medicine May 3, 2012[1] DNA testing is currently the most advanced and accurate technology to determine parentage. In a DNA parentage test, the result (called the 'probability of parentage)[2] is 0% when the alleged parent is not biologically related to the child and the probability of parentage is typically 99.99% when the alleged parent is biologically related to the child. However, while almost all individuals have a single and distinct set of genes, rare individuals, known as "chimeras", have at least two different sets of genes, which can result in a false negative result if their reproductive tissue has a different genetic makeup from the tissue sampled for the test.[3]
Law of Wills in India
A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death.
There Often arises problems and complications when a person dies without a Will. Yet we put off making a Will, not realizing the predicament we put our family in, after our death. It's a little effort that goes a long way. You will find the answers to the questions you may have had on making your Will, registering it and other relevant information.
Definitions:
A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.
Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.
Executor is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.
Legatee/Beneficiary is a person who inherits the property under a Will.
Probate is a copy of the Will, certified under the seal of a competent Court.
Testator is a person making a Will and executing it